By Johnathan Paoli
Community organisations have applied for yet another legal action against the Petmin owned Tendele Coal, preventing the mine from continuing its unlawful mining activities in the Somkhele region and surrounding areas in KwaZulu-Natal.
The Mining Affected Communities United in Action (Macua), together with the Mfolozi Community Environmental Justice Organisation (MCEJO), the Global Environmental Trust, ActionAid South Africa and the SA Human Rights Defenders Network have filed papers.
The allege that Tendele is persistently failing to comply with legal and environmental regulations, particularly those regarding the Environmental Impact Assessment (EIA) process.
“This legal battle highlights the ongoing struggle of mining-affected communities for environmental justice, transparency and the enforcement of laws meant to protect their land, livelihoods and rights. We declare that any mining by Tendele before fulfilling these requirements must be considered unlawful,” Macua spokesperson Magnificent Mndebele said on Wednesday.
The interdict seeks to prevent the coal mining company from continuing its operations, including blasting, until it meets the full legal requirements set by South Africa’s environmental and mining laws.
On 4 May 2022, the North Gauteng High Court under Judge Noluntu Bam issued a critical judgment against Tendele, mandating the company to redo its EIA and engage in proper public consultation, as per the Mineral and Petroleum Resources Development and the National Environmental Management acts.
Tendele has, to date, failed to comply with this order.
The mine has allegedly continued its mining operations without fulfilling the court’s directive, violating both the environmental and public participation regulations.
Mndebele said that Tendele’s continued defiance prompted Macua and its civil society partners to file for legal action.
They say the mine’s actions are not only unlawful but are also harming the communities living in the area and subjecting them to health risks and displacement without adequate compensation or consultation.
The interdict application calls for Tendele to fulfil certain legal requirements, including completing the EIA process, receiving a final decision on an appeal from Mineral Resources and Energy Minister Gwede Mantashe and conducting proper public participation processes in line with national guidelines.
They say Tendele has failed to address numerous community concerns, including the impact of blasting on homes within a 500-meter radius of mining pits, inadequate consultation with affected households and violations of environmental management programmes.
The issue of community engagement is particularly contentious.
Mndebele said that a series of meetings and public consultations have been marred by failures to disclose crucial information and a lack of response to community concerns.
Residents along haul routes have not been properly consulted, and there has been insufficient effort to address the literacy and language barriers that prevent meaningful participation.
Tendele Coal has faced legal battles over its operations in the Somkhele region for years.
In 2023, despite the court ruling, the company began laying the groundwork for new mining pits, even before completing the necessary environmental impact assessments.
This action has led to fears of forced displacement among residents of the region, many of whom have lived on their ancestral lands for generations.
Residents of Emalahleni, Ophondweni and other villages in the region have expressed strong opposition to Tendele’s expansion plans, citing the risks of displacement and environmental degradation.
In the 2022 judgment, Bam described Tendele’s public consultation process as “egregious” and highlighted its lack of transparency.
Despite this, the judgment did not cancel Tendele’s mining rights but instead ordered a review of the process by Mantashe.
Mndebele said Tendele’s ongoing disregard for these legal requirements, along with reports of intimidation and violence in the community, has led to a growing sense of injustice.
INSIDE POLITICS
